Is It Fair to Exclude Weekly Offs and Casual Leaves from Maternity Leave Calculations?

Respected sir/ma'am,

I joined as a senior resident in a government hospital in Delhi. I've completed 94 days in the hospital, during which I was admitted due to pregnancy complications and took medical leave for 12 days. For pregnancy hospital visits, I took 3 CLs in 3 months.

Now, since I've had complications, I applied for maternity leave. However, they are excluding 12 weekly offs, 3 CLs, and 12 medical leave days from my total working days. Since medical leave was unpaid, I believe excluding that is correct. But excluding weekly offs and CLs, is it lawfully correct? Please guide.

Maternity Benefit Details

Maternity benefit of 26 weeks is mandatory for all employees for the first two children. This is separate from the earned leave (EL), casual leave (CL), and sick leave (SL).

The 26 weeks of maternity benefit includes all holidays and weekends that occur during this period. In addition to the 26 weeks of maternity benefit, you may receive an additional one month of leave for any medical emergencies related to tubectomy or delivery.

Hello Doctor,

I think you are referring to the qualifying 80 days (The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery) to apply for Maternity Leave. In your case, you had worked for 94 days, but Hospital Authorities are excluding 12 weekly offs + 3 CL's + 12 Medical leave = 27.

So, 94 - 27 = 67, thereby you are running short of 13 days to get the qualifying days of 80 days. I presume this is your question? Excluding the weekly off from 94 days is not right.

To the best of my knowledge, the same Maternity Benefit Law applies to Central Govt Employees also, including Doctors. However, you may please check whether any separate service rules are applicable for Central Govt Employees, especially Govt Doctors.

https://www.newindianexpress.com/cit...t-1952936.html

Terms of Appointment and Leave Rules

What are the terms of appointment? Are the provisions of CCS (Leave) Rules applicable?